Hajiya Rabi Moukhtar Mohammed & Anor. V. Alhaji Mohammed A. Bello & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, JCA,

The 1st appellant, Hajiya Rabi Moukhtar Mohammed was a candidate in the National Assembly election conducted on the 21st day of April, 2007, sponsored by the 2nd appellant, the Peoples Democratic Party (P.D.P.) while the 1st respondent, Alhaji Mohammed A. Bello, was also a candidate sponsored by the All Nigeria Peoples Party (A.N.P.P.) for the said election, along with other candidates sponsored by other political parties.

At the conclusion of the said election, the 1st respondent, who scored a total number of 542,447 votes in the election for the Kano Central Senatorial District was returned and declared the winner of the said election by the 3rd – 19th respondents.

Unhappy with the return and declaration of the 1st respondent, the 1st and 2nd appellants by their joint petition dated and filed on the 21st day of May, 2007, challenged the return and declaration of the 1st respondent before the Governorship and Legislative Houses Election Petition Tribunal, Kano State by their joint petition contained at pages 2 – 21 of the record. The main grounds of the petition are as follows:-

“8. Your Petitioners states that the 1st Respondent was not duly elected by majority of lawful votes at the election held on the 21st April, 2007 as Senator elect of Kano Central Senatorial District AND that the entire election was not conducted in compliance with the provisions of the Electoral Act, 2006.

9. Your 1st Petitioner further avers that MOHAMMED ADAMU BELLO of All Nigeria Peoples Party (ANPP) was returned elected as the Senator of the Federal Republic of Nigeria representing Kano Central Senatorial District as proclaimed by the 3rd to 19th Respondents at the election of 21st April, 2007 having allegedly polled 542,447.
10. Your 1st Petitioner was recorded to have scored the total votes of 220,180 votes to come second.
11. Your 1st Petitioner hereby pleads and shall rely on Forms EC8A(1) and Forms EC8B(i) respectively for all the polling units in each of the wards of the 15 local government areas forming the entire Kano Central Senatorial District.”

The 1st and 2nd appellants, as petitioners in paragraph 59 of the joint petition, – statement of claim, claim as follows:-

“WHEREOF your petitioners pray as follows:

i. That it may be determined that the 1st respondent Mohammed Adamu Bello was not duly elected or returned by a majority of lawful votes cast at the Kano Central Senatorial District to be elected the Senator of the Federal Republic of Nigeria on Saturday the 21st April, 2007.

ii. That it may be determined that the said election was voided by acts which violate and breach the provisions of the Electoral Act 2006 as same was characterized by acts of violence and intimidation.

iii. That it may be determined that the 1st petitioner ought to have been returned as the elected Senator of the Federal Republic of Nigeria representing Kano Central Senatorial District having scored the majority of lawful votes.

OR IN THEALTERNATIVE

iv. The entire results in the Senatorial District be declared null and void and order for bye-election.”

By a motion on notice dated and filed on the 11th day of July, 2007, brought pursuant to paragraph 49(3) of the 1st Schedule to the Electoral Act, 2006, Section 144(2) of the Electoral Act 2006 and Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, the 1st respondent, Alhaji Mohammed Adamu Bello, prayed for the following orders:-

“1. AN ORDER striking out Petition No. EPT/KNS/SEN/34/07 for being incompetent in that it failed to comply with the statutory requirement and in breach of Fundamental Rights of fair hearing under the 1999 Constitution.